Port St. Lucie Medical Malpractice Lawyers
When you seek medical care, you trust that the doctors, nurses, and hospitals will provide safe, competent treatment. Unfortunately, that trust is sometimes broken. Medical mistakes can lead to devastating consequences, including serious injury, worsening conditions, and even wrongful death.
If you have been harmed by a healthcare provider’s negligence, you may be able to file a personal injury lawsuit against them. Through a medical malpractice claim, you can recover financial compensation for your medical expenses, lost wages, pain and suffering, and other losses. Our Port St. Lucie medical malpractice attorneys will fight for your right to full compensation.
Gould Cooksey Fennell represents clients in the Treasure Coast region of Florida whose lives have been affected by various forms of medical negligence, including misdiagnosis and birth injuries. We are devoted advocates for victims of medical malpractice, working tirelessly to get justice for our clients. Contact our law firm today to schedule a free initial consultation with a Port St. Lucie personal injury lawyer.
Basics of a Medical Malpractice Claim
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. The “standard of care” refers to what a reasonably competent medical professional would have done under similar circumstances. It is specific to a provider’s specialty.
Not every poor medical outcome is malpractice. However, when a medical provider’s carelessness, inattention, or poor judgment causes harm, you may have a valid legal claim. For example, if a surgeon operates on the wrong limb, you may be able to pursue a medical malpractice claim against them.
To succeed in a Florida medical malpractice lawsuit, you must prove the following:
- A doctor-patient (or provider-patient) relationship existed.
- The provider owed you a duty of care.
- The provider violated that duty.
- This violation caused your injury.
- You suffered losses as a result.
As described in greater detail below, medical malpractice cases are complex and tend to be heavily contested. This is particularly true in Florida, where tort reform has significantly restricted the rights of patients who suffered preventable harm through medical malpractice. That is why it is so important to work with an experienced Port St. Lucie medical malpractice lawyer if you have been injured by a healthcare provider in Florida.
Common Types of Medical Malpractice Cases
Medical negligence can occur in virtually any healthcare setting, from hospitals and emergency rooms to private practices and outpatient clinics. Our law firm handles a range of medical malpractice claims, including:
- Misdiagnosis and Delayed Diagnosis: Failure to correctly diagnose a condition, or delays in diagnosis, can have life-threatening consequences. Patients may miss critical treatment windows or receive unnecessary medical care. Common examples include cancer misdiagnosis, a heart attack or stroke misdiagnosis, and a failure to identify infections or internal bleeding.
- Surgical Errors: Surgical mistakes are among the most serious forms of medical negligence. These errors can result in permanent injury or death. Examples of surgical errors include operating on the wrong body part, leaving surgical instruments inside a patient, performing unnecessary surgery, and anesthesia errors.
- Medication Errors: Prescription and medication mistakes can occur at any stage, from prescribing to dispensing to administration. These errors may involve incorrect dosages, dangerous drug interactions, administering the wrong medication, or failure to account for allergies.
- Birth Injuries: Medical negligence during pregnancy, labor, or delivery can cause lifelong harm to both mother and child. Examples include failure to monitor for signs of fetal distress, delayed C-section, improper use of forceps or vacuum extraction, or oxygen deprivation leading to brain injury.
- Hospital Negligence: Hospitals and healthcare facilities can also be held accountable for systemic failures. This may include inadequate staffing, poor sanitation leading to infections, failure to properly train staff, and lack of proper patient monitoring.
If you suffered harm because of any type of medical negligence, you may be entitled to compensation. Our Port St. Lucie medical malpractice lawyers will work hard to get you the money that you deserve for your losses.
Why Medical Malpractice Cases Are Complex
Medical malpractice claims are significantly more complicated than standard personal injury cases. In Florida, there are specific procedures that must be followed to pursue a medical malpractice claim.
Florida law imposes strict pre-suit requirements that must be met before you can even file a lawsuit. Your attorney will need to conduct a thorough investigation of the case and obtain a sworn opinion from a qualified medical expert. They will then send a Notice of Intent (NOI) to all potential defendants in the case, informing them of an intent to pursue a claim.
When the NOI is received, it starts a 90-day tolling period where the statute of limitations is paused for 90 days to allow the insurance company time to investigate and evaluate the claim. Within 90 days, the defendants must respond to the NOI by rejecting the claim, making a settlement offer, or otherwise seeking to resolve the claim (such as through arbitration).
Unlike many other types of personal injury cases, medical malpractice cases rely heavily on expert witnesses. Before you can even file a lawsuit, you will need to get an expert to affirm in writing that a breach in the standard of care caused a significant injury. A medical expert will also be utilized to explain the standard of care, identify how it was violated, and link the medical negligence to your injury.
Medical malpractice insurers typically aggressively defend against these types of claims. Using insurer-friendly medical malpractice laws, they will fight to minimize or deny claims entirely. This makes it all the more important for you to have a skilled Port St. Lucie medical malpractice attorney by your side.
Compensation and Settlements in a Port St. Lucie Medical Malpractice Claim
Just like any other type of personal injury case, victims of medical negligence may suffer a wide range of damages (losses). Many of these losses can impact victims for the rest of their lives.
In most medical malpractice cases, the plaintiff (victim) will seek money for their economic and non-economic damages. Economic damages include measurable financial losses, such as:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Lost wages
- Loss of future earning capacity
Non-economic damages compensate medical malpractice victims for the “human” impact of their injuries. They may include money for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Scarring and disfigurement
If a medical malpractice case results in the loss of a loved one, surviving family members may pursue a wrongful death claim. Through a personal injury lawsuit, the family can seek money for funeral and burial expenses, loss of companionship, loss of financial support, and other losses.
In rare cases, a third category of damages may be available. Punitive damages may be awarded in cases involving intentional misconduct or gross negligence. To recover punitive damages, the plaintiff must show by clear and convincing evidence that the healthcare provider showed a conscious disregard for life or safety.
Most medical malpractice cases involve simple negligence, rather than intentional or reckless conduct. However, there may be situations where punitive damages are appropriate. For example, if your surgeon operated on you while under the influence of alcohol and/or drugs, they could potentially be liable for punitive damages.
A settlement for medical malpractice won’t necessarily make you whole again. However, it can represent an important step towards achieving justice. Our Port St. Lucie medical malpractice lawyers will fight to help you get the compensation that you deserve for your injuries.
How a Port St. Lucie Medical Malpractice Lawyer Can Help
Pursuing a medical malpractice claim in Florida without legal representation is extremely difficult. Our experienced attorneys will handle every aspect of your case so that you can focus on your recovery.
To start, our team will thoroughly investigate and evaluate your case. We will review your medical records and consult with qualified medical experts to determine whether malpractice occurred. This is a vital step that is required before you can file a medical malpractice case under Florida’s strict rules.
Once we have satisfied the pre-suit requirements, we will get to work to build a strong case. We will gather evidence and document your damages. We will also work with expert witnesses who can offer input on how the standard of care was breached and how that violation led to your injuries.
Our Port St. Lucie lawyers will work to negotiate a fair settlement with the insurance company. If the insurer isn’t willing to pay you what you deserve for your injuries, we will prepare and file a lawsuit within the Florida statute of limitations for medical malpractice claims. Throughout the litigation process, we will continue to try to negotiate a settlement for you. If a settlement can’t be reached, we will take your case to trial and fight for your rights before a judge or jury.
Choosing the right law firm can make a significant difference in the outcome of your medical malpractice case. We have the knowledge and resources to handle even the most challenging medical malpractice claims in St. Lucie County. Our team works with trusted medical professionals who can provide critical testimony and strengthen your case.
We offer individualized support to each of our clients, and keep you informed along each step of the way. Our law firm also handles medical malpractice cases on a contingency fee basis. You won’t pay an attorney’s fee unless we recover compensation for you.
Reach Out Today for a Free Consultation with a Port St. Lucie Medical Malpractice Attorney
If you or a loved one has been harmed by medical negligence, you don’t have to face the legal process alone. A seasoned Port St. Lucie medical malpractice lawyer can help you understand your rights and pursue the compensation that you deserve. Whether your condition was made worse by a missed diagnosis or your baby was harmed due to a birth injury, we can help you get justice for your losses.
At Gould Cooksey Fennell, we have deep experience handling all types of medical malpractice cases throughout St. Lucie County and Florida’s Treasure Coast region. We diligently investigate each case to build the strongest possible claim for compensation. To learn more or to set up a free initial consultation with a Port St. Lucie medical malpractice lawyer, give us a call at 772-231-1100 or fill out our online contact form.
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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable Motor Vehicle Accident Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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